Premises liability claims can arise from everyday places—like swimming pools, office buildings, or grocery stores. When property owners fail to maintain safe conditions, accident victims may suffer serious physical injuries and need ongoing medical care. These incidents can disrupt your life, finances, and well-being.
Whether you slipped on a wet floor or were hurt near unsafe construction, understanding your rights matters. Not every claim is accepted; knowing what to do if yours is denied is essential.
Continue reading to learn why claims are rejected and how to take the next steps.
Why Are Premises Liability Claims Denied?
Premises liability cases are based on the principle that property owners have a legal duty to keep their premises reasonably safe. When that duty is breached and someone gets hurt, the injured party can file a claim.
However, insurance companies don’t always play fair. They may use insurance adjuster tricks to delay the process, undervalue your injuries, or place the blame on you.
Here are some common reasons claims are denied:
- The property owner denies responsibility.
- The insurer claims there was no negligence.
- Lack of evidence proving dangerous conditions.
- You were allegedly trespassing or not lawfully on the property.
- Delays in reporting the injury or receiving medical attention.
These denials can feel like a dead-end—but they’re not. There are ways to fight insurance claim denial and get the compensation you deserve.
Legal Context: What the Law Says
In California, the law recognizes everyone has a duty to act with reasonable care. Specifically, California Civil Code §1714 holds individuals—and property owners—responsible when their actions or negligence lead to someone getting hurt. In a premises liability case, the owner may be legally accountable if you were injured due to unsafe conditions on someone else’s property.
Hazardous conditions might include slippery floors, poorly lit stairways, cracked sidewalks, or broken handrails. These aren’t just minor oversights—they can lead to serious injuries, especially when the danger is ignored or not properly addressed.
Statistics from the National Safety Council show that fall-related injuries made up more than one-third of all preventable non-fatal ER visits in 2022, making them the leading cause of such injuries. Many of these accidents happened in places where someone should have taken steps to prevent them, like stores, apartment buildings, or private homes.
Even when your injuries are real and well-documented, some insurance companies may deny your claim. This doesn’t necessarily mean your case lacks merit. Insurers often prioritize cost savings and may try to shift blame or minimize payouts.
That’s why having the best personal injury attorney in Visalia by your side can be a turning point. A knowledgeable attorney can assess your situation, explain how the law applies to your case, and challenge the insurance company’s decision. More importantly, they can help you feel heard and supported throughout the legal process.
How to Fight Insurance Claim Denial: 5 Steps
- Request a Written Explanation: Start by asking the insurance company to explain why your claim was denied in writing. This will help you understand their reasoning and build your case around their objections.
- Gather Additional Evidence: Collect photos, medical records, witness statements, or surveillance footage. The more detailed and clear your evidence, the stronger your case will be.
- Get a Second Medical Opinion: Sometimes, insurers deny claims by questioning the severity of your injuries. A second opinion from a trusted medical provider can help validate your experience.
- Avoid Common Mistakes: Be cautious when dealing with the insurance company. Don’t give recorded statements without legal advice. Watch out for insurance adjuster tricks, like asking leading questions or pressuring you to settle quickly.
- Speak With an Attorney: Don’t try to handle a complex claim alone—especially after a denial. The best personal injury attorney in Visalia can review your case, identify flaws in the denial, and file an appeal or lawsuit if needed.
We Can Help You Move Forward
Premises liability accidents can leave you facing medical bills, lost income, and emotional stress. If you believe the responsible party failed to keep their property safe, don’t let insurance providers dismiss your claim without a fight.
In California, you must file a claim two years from the incident date, so moving quickly is essential. Our Visalia personal injury lawyers can help you understand your rights and pursue fair compensation. We offer free consultations to review your case and answer your questions.
Call us today to find out how we can help you pursue maximum compensation. Let us help you hold the responsible party accountable.
